R N PANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter has been listed for final hearing under the senior citizens matter. The petition is pending since 1988.

(2.) Through, this Special Civil Application, the petitioner has sought the reliefs with regard to the pension, death-cum-retirement benefits and commutation of pension etc. from due date with 12% interest on delayed payments.

(3.) The petitioner came with the case that he had joined Government service on 24/2/1961 and by dint of hard labour and devotion to duty, he had attained the position as Superintendent of Prohibition and Excise i.e. Class II under the Gujarat State Service. By order dated 14.12.1997, passed by the Government of Gujarat Social Welfare Department in exercise of the powers conferred by Clause (aa) of Sub-Rule (1) of Rule 161 of Bombay Civil Service Rules, 1959, directing his compulsory retirement in the interest of public service with effect from the delivery of this order and in the order it was also mentioned that he shall be paid a sum equivalent to his pay and allowances for three months in lieu of 3 months' notice. The order was issued in the name of the Governor of Gujarat. On the same date i.e. 14/12/1987, a Memorandum was sent to the petitioner by the Director of Prohibition & Excise, Ahmedabad, stating that the departmental inquiry which has been pending against him and in which the inquiry report has been received, which was under the scrutiny shall continue even after his retirement. It is very clear from the above order, that in lieu of 3 months' notice amount was not paid to the petitioner simultaneously to the said order and the petitioner was subjected to compulsory retirement on the ground of "Interest of Public Servant", while the inquiry was pending against him. However, so far as this Special Civil Application is concerned, the order of compulsory retirement is not under challenge. The prayer made in the petition is only for pension and the retirement dues i.e. death cum gratuity, commutation etc. The present petition was filed in this Court on 29.9.1988. In this Special Civil Application Notice was issued and made returnable on 17.10.1988. On 17.10.1988, the Rule was issued and the following order was passed :-